X Local Authority v E [2010] EWCC 24 (Fam) (2010)
The court found that X's welfare needs are best met by remaining in his parents' care, but subject to a care order to allow ongoing assistance and monitoring by the Local Authority.
Source-derived case information.
- Citation
- [2010] EWCC 24 (Fam)
- Parties
- Applicant: X Local Authority; Respondent: E (Mother); Respondent: E (Father); Respondent: Children’s Guardian
- Jurisdiction
- England and Wales
- Procedural Posture
- Care Order Application / Judgment
- Outcome
- Care order made placing X in the care of X Local Authority; X to remain with parents; no order for costs save public funding assessment.
- Legal Topics
- Care Orders, Child Welfare, Parental Assessment
Source-derived case record
Summary, issues, holding and outcome
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Parties
X Local Authority
Applicant
E (Mother)
Respondent
E (Father)
Respondent
Children’s Guardian
Respondent
Procedural Posture
Care Order Application / Judgment
Legal Issues
- 1 Whether a care order should be made in respect of X
- 2 Whether X should remain in the care of his parents
Ratio Decidendi
The court found that X's welfare needs are best met by remaining in his parents' care, but subject to a care order to allow ongoing assistance and monitoring by the Local Authority.
Court Disposition
Care order made placing X in the care of X Local Authority; X to remain with parents; no order for costs save public funding assessment.
Orders
- Care order placing X in the care of X Local Authority
- X to remain in the care of his parents
Full Case Text
Judgment text and source record
1 paragraphs
Neutral Citation Number: [2010] EWCC 24 (Fam) IN THE COUNTY COURT Date: Monday, 17th May 2010 Before A CIRCUIT JUDGE - - - - - - - - - - - - - - - - - - - - - Between : X LOCAL AUTHORITY Applicant - and - E Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr C for the Local Authority . Mrs W for the Mother . Mrs W for the Father . Miss B for the Children’s Guardian . Hearing date: Monday, 17th May 2010 - - - - - - - - - - - - - - - - - - - - - Judgment These proceedings concern an application by X Local Authority for a care order in respect of X, who was born on [a date in] 2009. There were previous proceedings in relation to an older sibling, C, who was born on [a date in] 2006. I will not say too much about that, save that a finding of fact in relation to injuries to C led to C not being returned to the parents’ care and in fact being placed with her grandparents. In relation to X, as I say, he was born on [a date in] 2009 and was placed initially with Local Authority foster carers. A further assessment of the parents by a Psychologist was carried out, and she formed the view that a residential assessment of the parents and X should be undertaken. On 14th September 2009, the family entered a residential assessment centre. The assessment went very well and, in December 2009, the parents moved back into the family home for a community based assessment, which concluded positively. The parents are to be commended for completing the assessment process successfully and co-operating with the Local Authority. It is very clear that this child thrives in the care of his parents, who love him very much. He is here in front of me today and I can see the relationship which is evident between X and his parents. So it gives me great pleasure in finding that it meets this child’s welfare needs to remain in his parents’ care, but subject to a care order so that the ongoing assistance and monitoring by the Local Authority can continue. I commend the parents once more; I commend the Local Authority; I make the care order placing X in the care of X Local Authority; and I make no order for costs save public funding assessment. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII